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  • Plzz helppp

    Can INS has authority to cancal NTA after they reffered it to Immigration court?

  • #2
    Can INS has authority to cancal NTA after they reffered it to Immigration court?

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    • #3
      In order to help you, you must restate your question so that we can understand what you are saying.

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      • #4
        question: the first poster is asking (as far as I understood), if BCIS (formerly INS) can retreat from their initial "removal order" of an alien to have the judicial removal hearing chanceled.

        As far as I'd imagine, BCIS would not be interrested in chanceling a removal order once they initiate it. Unless there are excruciating politcal reasons, it's difficult to imagine BCIS would make use of their "discretion". The Judge in a hearing doesn't have much say on "discretion", s/he must strictly go by the book of law. If the alien does not qualify for a chancelation it is unlikely that a relief will be available either from the BCIS, nor from the judge... But there this relief may be available, is so complex that a own research or the involvement of a very qualified attorney may be very essential.

        Good luck!

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